Carey v. Fulmer
Mississippi Supreme Court
From the chancery court of Panola county. The facts are stated in the opinion. Both parties appealed. We contend that the evidence shows that the agreement to accept $5,000 in full for the assets, and in settlement of M. J. Carey’s debts, was made, and that it was a valid and binding agreement; if so, then beyond all controversy, there was nothing due defendants when the $1,2U0 note was given, and it is with out consideration and void, as nothing has been advanced on it, all…
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From the chancery court of Panola county. The facts are stated in the opinion. Both parties appealed. We contend that the evidence shows that the agreement to accept $5,000 in full for the assets, and in settlement of M. J. Carey’s debts, was made, and that it was a valid and binding agreement; if so, then beyond all controversy, there was nothing due defendants when the $1,2U0 note was given, and it is with out consideration and void, as nothing has been advanced on it, all advances since that time having been paid for by M. S. Woodcock. If we are wrong in this contention, still, when all…
1Opinion of the CourtStockdale, J.
H. C. Carey and M. J. Carey exhibited their bill of complaint in the chancery court of Panola county to the February, *7321895, term of said court, against J. W. Fulmer, J. J. Thornton, and J. D. Fulmer, defendants, to enjoin the sale of their homestead in the town of Courtland, in said county (described in the bill), under a deed of trust given by them to J. D. Fulmer, trustee, for Fulmer, Thornton & Co., of Memphis, to secure a note of the same date (April 19, 1892), for $1,200, payable by them to Fulmer, Thornton & Co., on January 1, next after date. ■ J. D. Fulmer, trustee of said deed,…
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